Legal obstacles to the realization of civil society in the Islamic Republic of Iran

Document Type : Original Article

Authors

1 PHD student of public law, Meibod branch, Islamic Azad University, Meibod, Iran

2 Assistant Professor, Department of Public Law, Meybod Branch, Islamic Azad University, Meybod, Iran

3 Assistant Professor, Department of Iranian Studies, Meybod University, Meybod, Iran

Abstract

Civil society is one of the most controversial and complex concepts and topics. The initial conceptions considered the civil society as a situation against the natural state and as a result of chaos, in such a conception, the government was considered the same as the civil society. After the victory of the Islamic revolution, as in previous periods, the civil society expanded considerably. The increase in political conflicts between groups and political currents and the occurrence of the Iran-Iraq war and the victory of Islamist currents led the political and social space to blockage. The purpose of this article is to examine the legal obstacles to the realization of civil society in the Islamic Republic of Iran. The researcher seeks to examine the principles and foundations of civil society, the actions, opinions, opinions and interpretations of some institutions of the Islamic Republic of Iran based on the constitution and other laws, and to analyze the causes of the non-realization of the ideal civil society in Iran. The results showed that reaching a powerful civil society has the following conditions: the existence of legal conditions and regulations that effectively protect citizens against the government's whims; The existence of aligned non-governmental groups that are powerfully organized and do not allow those who have the tools of government and imposition to abuse their power; The existence of balanced pluralism among the aligned groups of civil society, in such a way that none of them can establish the corresponding dominance. (In this sense, it can be said that in situations where the rich or very powerful and authoritarian trade unions dominate the scene, we see a weak civil society.

Keywords

Political Sociology of Iran
Volume 5, Issue 2
June 2022
Pages 1000-1023

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